RAJESH THAKUR Vs. JANGI LAL

JUDGEMENT

(1.) This revision petition is directed against the orders of the learned Rent Controller as also the Appellate Authority ordering the eviction of the petitioners from the demised premises on account of their failure to pay the provisional rent as assessed by the Rent Controller.

(2.) During the course of proceedings initiated by the respondentlandlord seeking eviction of the petitioners on account of non-payment of rent, change of user and material alteration in the demised premises, the Court assessed the provisional rent at the rate of Rs.2000/- per month. Thereafter, it gave five opportunities to the petitioners to deposit the same. Finding the petitioners to be errant in their approach, the learned Rent Controller relying on the observations of the Hon'ble Supreme Court in Rakesh Wadhawan vs. M/s Jagdamba Industrial Corporation,2002 1 RCR 514 ordered the eviction of the petitioners. In appeal the findings were affirmed leading to the filing of the instant petition.

(3.) At the time of issuance of notice of motion on 25.3.2009 by this Court petitioners deposited the arrears of rent and also continued to pay the rent for the subsequent period till March, 2010. It was to be noticed that when the petitioners filed the instant petition, a reference was pending before the Division Bench of this Court which was to the following effect:-